Magistrate Cannot Refer Parties To Mediation In SARFAESI Proceedings Under Section 14: Kerala High Court

The Kerala High Court has set aside an order referring a SARFAESI proceeding to mediation, holding that the role performed by a Magistrate in such proceedings is purely ministerial and does not involve any adjudicatory process. Justice P.V. Balakrishnan observed that a Chief Judicial Magistrate or Additional Chief Judicial Magistrate exercising powers under the SARFAESI Act does not perform any quasi-judicial function and has no discretion in the matter. “It cannot be disputed that the power...

Delhi High Court Cancels 'PONTA' Trademark In Plea By Panasonic, Holder Of 'PENTA' Mark

The Delhi High Court has recently ordered the cancellation of the word mark 'PONTA' and its device variant, holding that they are deceptively similar to Panasonic's registered 'PENTA' trademark for electrical goods. Justice Tushar Rao Gedela, deciding two rectification petitions filed by Panasonic Holdings Corporation, directed the Registrar of Trade Marks to remove both marks from the Register within four weeks. "What strikes the eye at the first glance is the glaring similarity, rather...

Unauthenticated Alteration In Cheque Date Renders It Void: Kerala High Court

The Kerala High Court has recently held that an alteration in the date of a cheque that is not authenticated by the drawer's full signature amounts to a material alteration and renders the cheque void, while upholding an acquittal in a cheque dishonour case. Justice A. Badharudeen held: “When there is alteration of the date in the cheque which is not authenticated by putting the full signature of the drawer on the place of alteration, the same operates as a material alteration and the same...

Delhi High Court Bars Sale Of Irish Whiskey Brand 'The Whistler' In India In Trademark Dispute With Piccadily

The Delhi High Court has restrained Robert A. Merry and Co. Ltd., the Irish whiskey maker behind “The Whistler” brand, from selling its Irish whiskey in India. The court found that the company failed to establish that its transborder goodwill and reputation had spilled over into India before Piccadily Agro Industries Ltd. launched its own “Whistler” whiskey in 2018. Justice Jyoti Singh, deciding two cross-suits filed by the rival whiskey makers, dismissed Robert A. Merry's application for an...

Mandatory RERA Pre-Deposit Cannot Be Diluted By Replacing Statutory Interest Rate With MCLR: Kerala HC

The Kerala High Court has recently held that a builder could not be permitted to calculate the mandatory pre-deposit for pursuing a RERA appeal on the basis of the Marginal Cost of Funds-based Lending Rate (MCLR) instead of the State Bank of India's Benchmark Prime Lending Rate plus 2% prescribed under Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018. The Court observed that such a course would "render Rule 18 a dead letter." A Division Bench of Justice Raja...

Madras High Court Issues Statewide Directions For Timely Disposal Of SARFAESI Pleas Seeking Aid In Taking Possession

The Madras High Court on Friday issued a comprehensive set of statewide directions governing applications under Section 14 of the SARFAESI Act. The Court observed that delays by designated authorities defeat the legislation's objective of enabling expeditious recovery of secured assets and reducing non-performing assets (NPAs). Section 14 of the SARFAESI Act enables banks and other secured creditors to seek the assistance of a Chief Metropolitan Magistrate, Chief Judicial Magistrate or...

Allahabad High Court Orders Release Of GST Taxpayer Over Arrest Papers Lacking CBIC-DIN

The Allahabad High Court has recently directed the release of a GST taxpayer after holding that his arrest and detention were illegal because the grounds of arrest did not bear a CBIC-DIN and the arrest memo failed to disclose the place of arrest. Petitioner Ashish Tyagi was arrested in connection with proceedings under Section 132(1)(a), 132(1)(f) and 132(1)(i) of the CGST Act, 2017 in a case initiated by the Directorate General of GST Intelligence (DGGI), Ghaziabad. The case pertained to...

'Criminal Prosecution Cannot Be A Frolicsome Act': Karnataka HC Quashes Fraud Case Against Ex-Vihaan Director

The Karnataka High Court has recently quashed criminal proceedings against chartered accountant M.N. Gunasheela, a former director of Vihaan Direct Selling (India) Pvt Ltd, in connection with a complaint concerning the affairs of the company. The Court also quashed a Look Out Circular issued against him. Justice M. Nagaprasanna held that the complaint did not disclose any specific role attributable to Gunasheela. The Court also noted that the company's business operations commenced after he...

Wrong Rubber Stamp Below Signature Does Not Invalidate Show Cause Notice: Allahabad High Court

The Allahabad High Court has recently held that the use of an incorrect rubber stamp beneath the signature on a show-cause notice does not create a jurisdictional defect. The Court said this would not affect jurisdiction where the authority issuing the notice is otherwise vested with powers under the relevant Act and Rules. Rejecting a jurisdictional challenge raised by Dev Trading Company to a show-cause notice issued under the Health Security se National Security Cess Rules, 2026, a Division...

Delhi High Court Holds 'Glass Skin' Descriptive, Orders Cancellation Of Trademark Registration.

The Delhi High Court on Friday ordered cancellation of the trademark registration for "GLASS SKIN," holding that the term is descriptive of cosmetic products and cannot remain on the Register of Trade Marks. Justice Tushar Rao Gedela passed the judgment while allowing a petition filed by Renee Cosmetics Private Limited challenging the registration of the mark. Holding that the registration could not be sustained, the curt observed, "the entry made in the Register of Trade Marks of the mark...

Delhi HC Grants Bail To Deepak Ramnani In PMLA Case Linked To Sukesh Chandrashekhar Extortion Racket

The Delhi High Court on Friday granted bail to Deepak Ramnani and his brother Pradeep Ramdanee in a case arising from an alleged ₹217 crore extortion racket that, according to the prosecution, was orchestrated by Sukesh Chandrashekhar and his associates. The court also granted bail to Deepak in the connected money laundering case investigated by the Enforcement Directorate (ED). Justice Prateek Jalan held that, considering the period of custody already undergone by Deepak and Pradeep and the...

Allahabad High Court Says GSTN Portal Should Allow Online Filing Of Additional Replies To Show Cause Notices

The Allahabad High Court has recently observed that the GSTN portal should be refined to allow the filing of additional or supplementary replies online. It also directed that a copy of its order be communicated to GSTN for consideration and compliance. The court noted that notices, replies, and orders are otherwise exchanged through the portal. While dealing with the rejection of Tejashva Tractors And Motors' refund application, the bench of Justice Saumitra Dayal Singh and Justice Vivek Saran...